Case Processing in Superior CourtAn Overview

What is Superior
Court?Our History

Historically, jurisdiction for criminal cases
in the State of Delaware was divided between the Court of Oyer and Terminer,
which heard all cases punishable by death, and the Court of General Sessions,
which heard all other criminal cases which were not exclusively heard
by the Justice of the Peace Courts. The Justice of the Peace Courts heard
the misdemeanor cases that the legislature determined by statute should
be held in those courts. The Delaware Constitution of 1831 created a Superior
Court which mostly heard cases of a civil nature. Constitutional amendments
in 1951 abolished the Courts of Oyer and Terminer and of General Sessions,
and transferred their functions to the Superior Court. With
some equitable and statutory exceptions, Superior Court now has
general jurisdiction over all criminal and civil cases. While most violations
and misdemeanor cases are heard in Justice of the Peace Courts, Alderman's
Courts, or the Court of Common Pleas, and most criminal cases involving
juveniles are heard in Family Court, Superior Court is the only
Court in the State where a conviction can be entered on a felony charge. Superior Court also has jurisdiction to act as an intermediate
level appellate court in some instances.

Who's Who in Superior Court?The
Participants

There are many people who take part in a criminal case
in Superior Court. Some of the ones present in the courtroom include
the judge, the court reporter, the court clerk, and the bailiff. Other
key figures include the witnesses, the jurors, the defendant, and the
attorneys. There are also many participants who act behind the scenes
to try to ensure that the criminal case process is as effective as possible.
The following are some of the many people you may see working at Superior
Court:

The Hearing Officer. In most instances, this will be a Judge of Superior Court.
Each judge is nominated by the governor, and confirmed by the Senate,
to serve twelve year terms. The judge is the central figure in the courtroom,
and allows both sides of a case to present their versions of the facts,
pursuant to established rules of evidence and procedure. In a trial, a
judge oversees the proceedings and makes decisions on any legal disputes
that may arise. If the trial is held without a jury, the judge will also
make decisions regarding any factual disputes. The Court Commissioner
also plays an integral part in the courtroom, making decisions in cases
prior to a final resolution of criminal charges. In some cases, with the
consent of both sides, the Commissioner will also accept the entry of
final dispositions in cases. Superior Court also has Masters who
perform many judicial functions, including making determinations on post-conviction
motions and holding civil contempt of court hearings. These hearing officers
are supported by judicial secretaries and law clerks who perform scheduling,
legal research, and many other functions to keep the judicial chambers
running smoothly and effectively.

The Bailiff. A court officer entrusted to maintain order in the courtroom. Acting as
the custodian of the jury, if there is one, the bailiff also is responsible
for making certain that the courtroom is safe and secure, so that a case
may proceed without distraction or interruption. Bailiffs also act to
check that all participants necessary for a case are present.

The Court Reporter. The reporter acts to record the proceedings in Superior Court.
This making of a record is an important part of the judicial process,
as it allows others, who were not present in the courtroom, to understand
what happened in each case, and to possibly make decisions on the basis
of that record. Appeals, and motions after a final decision in a case
often rely upon a transcript of the record prepared by the court reporter's
office.

The Court Clerk. The courtroom clerk administers oaths to witnesses and jurors, records
selected activities for official case file records, and acts as the custodian
for all case exhibits. The principal clerk of Superior Court is the Prothonotary, and it is not uncommon for other participants
in a criminal case to refer to the court clerk as the prothonotary. The
Prothonotary oversees not only the courtroom clerks, but also an office
of clerks who perform such functions as accepting and releasing bail,
preparing commitments of defendants to the custody of the Department of
Corrections, and releases. The Prothonotary's Office also accepts motions,
indictments, and other paperwork filed with the Court, prepares judicial
orders at the request of the Court, and acts to ensure that judicial orders
have been followed. The Pre-sentence
Officer. The officer is the closest the
Court has to an investigative officer. The Pre-sentence Office has a number
of pre-sentence officers and support staff who focus their investigative
powers on the background of people being sentenced in Superior Court,
and on the harm to victims in criminal cases. Superior Court follows sentencing
guidelines when determining the sentence of a defendant who has been found
guilty, or entered a guilty plea. These guidelines rely upon the hearing
officer knowing about the past history of the person being sentenced.
The pre-sentence office makes certain that the judge can make an informed
decision by providing this information. Restitution amounts are often
determined and verified by the pre-sentence officer.

Jury Services. Many of the people who enter the courthouse daily, are offered the hospitality
of the Court by the Office of Jury Services. This busy office sends out
jury notices and questionnaires, and hosts jurors during their stay at
Superior Court. Besides the ability to vote, the ability to serve on a
jury is one of the most democratic activities a citizen can perform. The
jury makes the important decisions of fact that determine life, liberty,
and property issues for defendants, and for victims of crimes, on an individual,
case-by-case basis. The Jury Services Office focuses upon making certain
that citizens have the opportunity to retain the right to make these decisions.

Jurors. When our country was founded, the framers of our constitution included
the concept of grand juries and jury trials for a very specific purpose.
The purpose was to prevent the government that they were starting from
becoming as oppressive as the one that they left. In Delaware, a defendant
has a right to be indicted by the grand jury in a felony case, and a right
to a jury trial. These rights help to protect each of us from a government
that might otherwise arbitrarily and maliciously prosecute cases without
the individuals of the community being directly involved. The members
of the Grand Jury in Delaware hear evidence presented by the Attorney
General's Office to determine whether there is probable cause (having
more evidence for than against) that a person committed a crime. If the
Grand Jury finds probable cause, they return the indictment as a true
bill, and if they find that probable cause does not exist, they may mark
it as ignored. There is a separate Grand Jury for each county, and the
grand juries are made up of one representative each from a number of different
districts within that county to ensure that all regions of a county are
adequately represented. The petit jury is a body of citizens, normally
12, who are selected and brought before a judge, and sworn to try and
make a determination by verdict as to whether or not a defendant is guilty
or not guilty of crimes charged against him or her.

Attorneys. By their admission to the Bar
of the State of Delaware, attorneys are officers of the court, and
are required to follow the rules of the court, and the rules of professional
conduct. Many of the Delaware attorneys involved in criminal cases in
Delaware are employees of the State. In the vast majority of criminal
cases in Superior Court, the State is represented by the Attorney
General's Office. Deputy Attorneys General prosecute cases, present
evidence to the Grand Jury, and sometimes bring appeals from lower courts
to Superior Court. While there are many private defense attorneys who
represent clients in Superior Court, there are many defendants who cannot
afford the services of defense counsel. The Office of the Public Defender
provides Assistant Public Defenders to defendants who can show that they
do not have the financial means to provide for their own defense. In some
cases, there is a conflict for one reason or another, in the representation
of a defendant by the Public Defender's Office. When that happens, the
Court will appoint a private attorney on a temporary basis for a determination
of that defendant's case.

The Sheriff. Each county has a Sheriff's Office, which has a number of responsibilities.
In criminal cases, the Sheriff performs two major functions. They provide
in-person service of subpoenas upon defendants and witnesses, and they
bring before the Court those people who have had a capias issued against
them by the Court. A capias is a civil writ which requests that someone
be brought to the Sheriff, so that the Sheriff's Office can bring the
person before a hearing officer of the Court. At the return of the capias,
the person being brought before the Court is required to explain to the
hearing officer any number of things as the situation demands, such as:
why they did not come to a court proceeding when they were subpoenaed
to do so, or why they did not sign up with the probation office as ordered,
or as a material witness in a case, why they shouldn't be held on bail
until they get an opportunity to testify in a case.

Non-Judicial Participants. There are a large
number of other members of the criminal justice system who play a role
in making the Court function correctly or guarantee that the orders of
the court are followed. Among them are:

Department of Corrections Transportation
Officers. The officers bring incarcerated
defendants to and from the prisons, and supervise the defendants during
their stay.

Capitol Police. These Capitol
Police officers provide security for the courthouses, and screen visitors
to the courts for weapons and contraband.

Bail Bonds Companies. While private citizens can post bail, often the amount of bail required
to release a defendant during their case is more than a defendant and
his or her family can afford. Bail Bond Companies are private companies
which work with insurance companies to provide bail for people who contract
with them for that service.